Legal Question in Traffic Law in Florida

I went into court re: a parking ticket, but the judge never formally called the case or invited the defendant to come forward, so I never appeared. The judge merely mentioned my name to the prosecutors and they determined a fine, but the case was never called! Fortunately I had two witnesses present who filed notarized affidavits that the case was never called on the day the hearing was set for. Nevertheless, I just received a court demand for $50 and a warrant for my arrest has been issued.

This is a miscarraige of justice... How can I get the case, and the warrant, thrown out?


Asked on 10/22/13, 7:48 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

If you were still in the court room at the end of that day's hearing, the judge will call out to anyone remaining in the audience if they have a case before the court just for the situation you describe. Did you stay until the end? If not, then that reason may explain part of this. The $50 is probably to ensure that you appear but it is unclear. What is the most unclear is that warrants are NOT issued on parking tickets (your license could be suspended though). So, either you are dealing with a different charge or a different state. If you want to fight this $50 ticket properly, you need to hire a lawyer (who will probably charge more than that but it may be worth it to get this cleared).

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Answered on 10/23/13, 7:47 am


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